Lt. Gov. Randy McNally said Thursday if Tennessee's attorney general still thinks a measure to ban abortion when a heartbeat is detected is potentially unconstitutional, lawmakers might need to consider hiring outside counsel.(Photo11: Lacy Atkins / File / The Tennessean)

Lt. Gov. Randy McNally said Thursday if Tennessee's attorney general still thinks a measure to ban abortion when a heartbeat is detected is potentially unconstitutional, lawmakers might need to consider hiring outside counsel.

"I think if the AG says it is constitutionally suspect, then we probably would have to go to another source to represent us," McNally, R-Oak Ridge, told reporters Thursday.

On Friday, Samantha Fisher, a spokeswoman for the attorney general, said if a bill once deemed constitutionally suspect were to become law, their office would still defend the state in court.

"Simply put, acknowledging potential legal challenges certain legislation may bring in no way precludes us from making a strong argument in its defense," Fisher said, nothing that the office had not issued an opinion on the newly filed bill.

On Thursday, McNally said if the attorney general deemed the latest bill constitutionally suspect, Slatery would "have a hard time defending it, given his opinion, they could use that against him and have him testify, you know, basically against the bill so that wouldn’t be helpful.”

To have the legislature hire outside counsel would be rare.Lawmakers typically rely on the attorney general to defend the state's various laws if they are challenged in court

But such a move was made in 2017, after lawmakers advanced a measure to sue the federal government over refugee resettlement.

In that lawsuit, the state said the federal government was not complying with the Refugee Act of 1980, which was designed to create a permanent procedure for the admission of refugees into the country.

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Glen Casada, R-Franklin, talks with Former Speaker of the House Beth Harwell, R-Nashville, before the House of Representatives opening day of the 111th General Assembly on Tuesday, Jan. 8, 2019, in Nashville, Tenn.
Mark Zaleski/ For the Tennessean

Legislative member Yusuf Hakeem, D-District 28, Sandra Charles, and Addison Bone have their photograph taken before the start of the opening day of the 111th General Assembly on Tuesday, Jan. 8, 2019, in Nashville, Tenn.
Mark Zaleski/ For the Tennessean

Outgoing House Speaker Beth Harwell, R-Nashville, left, receives a kiss from newly elected House Speaker Glen Casada, R-Franklin, after Harrell handed him the gavel on the opening day of the 111th General Assembly Tuesday, Jan. 8, 2019, in Nashville, Tenn. Mark Zaleski/ For the Tennessean

Former House Speaker Beth Harwell cries as she receives a standing ovation from her colleagues and newly elected House Speaker Glen Casada during the opening day of the 111th General Assembly on Tuesday, Jan. 8, 2019, in Nashville. Harwell made history eight years ago as the state’s first female speaker of the House. Mark Zaleski/For The Tennessean

Madelyn Hicks, 3, daughter of legislative member, Gary Hick, plays with her cell phone before the start of the House of Representatives opening day of the 111th General Assembly on Tuesday, Jan. 8, 2019, in Nashville, Tenn.
Mark Zaleski/ For the Tennessean

Legislative members stand with their families as they recite the Pledge of Allegiance during the House of Representatives opening day of the 111th General Assembly on Tuesday, Jan. 8, 2019, in Nashville, Tenn. Mark Zaleski/ For the Tennessean

Glen Casada, R-Franklin, is greeted as he walks to the podium after being elected as House Speaker during the 111th General Assembly on Tuesday, Jan. 8, 2019, in Nashville, Tenn.
Mark Zaleski/ For the Tennessean

House Speaker Glen Casada, R-Franklin, left, is sworn in by Tennessee Supreme Court Chief Justice Jeff Bivins, second from right, on the opening day of the 111th General Assembly Tuesday, Jan. 8, 2019, in Nashville, Tenn. Holding the Bible for Casada is his mother, Karen, and standing to far right is his his father, Dick Casada. Mark Zaleski/ For the Tennessean

Newly elected House Speaker Glen Casada, R-Franklin, hugs his parents Karen, left, Dick, after being sworn in by Tennessee Supreme Court Chief Justice Jeff Bivins on the opening day of the 111th General Assembly Tuesday, Jan. 8, 2019, in Nashville, Tenn. Mark Zaleski/ For the Tennessean

Flowers for Former Speaker of the House Beth Harwell, R-Nashville, rest on a bench during the House of Representatives opening day of the 111th General Assembly, Tuesday, Jan. 8, 2019, in Nashville, Tenn. Mark Zaleski/ For the Tennessean

Outgoing House Speaker Beth Harwell, R-Nashville, left, hands the gavel over to newly elected House Speaker Glen Casada, R-Franklin, on the opening day of the 111th General Assembly Tuesday, Jan. 8, 2019, in Nashville, Tenn. Mark Zaleski/ For the Tennessean

The case is set to be heard in front of the 6th Circuit Court of Appeals on March 19.

The introduction of the heartbeat bill in Tennessee comes after similar measures have been struck down in other states, including Iowa. Despite that, Lee, Casada and McNally have defended the effort to move forward with the proposal.

"I think we'll move fairly slowly on it and make sure we craft the legislation so it's either constitutional or not proceed with it," McNally said.

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Michael Schwab, Nashville Tennessean

Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29.